Sanoj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23642 of 2018 Arising Out of PS.Case No. -31 Year- 2013 Thana -SALAIYA District- AURANGABAD ====================================================== Sanoj Sao, S/o Ram Ratan Sao, R/o Village- Batura P.S. Kasma, DistrictAurangabad (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is in custody since 31.08.2017, seeks bail in connection with S.Tr. No. 63 of 2018/15 of 2018 arising out of Salaiya Police Station Case No. 31 of 2013 registered for offences punishable under sections 147, 148, 149, 341, 307 of the Indian Penal Code, 25 (1-b) a, 26, 27 of the Arms Act, 17 C.L.A. Act, 3/4 of the Explosive Substance Act. The informant of this case happens to be a police officer who on getting information proceeded at the place of occurrence and started an operation and asked the extremists to surrender but they succeeded to flee away after taking advantage of darkness. The Police recovered large number of incriminating materials from the place of occurrence.

Patna High Court Cr.Misc. No.23642 of 2018 (3) dt.17-05-2018 2/2 It has been submitted that the petitioner was neither arrested nor any incriminating material was recovered from his possession. The similarly situated co-accuseds namely Ram Pravesh Yadav and Vishun Deo Mistri have already been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 24963 of 2017. The case of the petitioner stands on similar footing and so he also deserves bail.

Considering the facts and circumstances of the case, the prayer for bail of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Ad hoc A.D.J., Fast Track Court-VII, Aurangabad in connection with S.Tr. No. 63 of 2018/15 of 2018 arising out of Salaiya Police Station Case No. 31 of 2013, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T